Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 26, No. 2, 2005

70th Anniversary Celebration of the Federal Power Act
I really appreciate the invitation to be with you today to help celebrate the birthday of a legislative landmark not properly appreciated even by those who have learned to cherish it section by section. The Federal Power Act is 70 years old today, and...
Applying the Mobile-Sierra Doctrine to Market-Based Rate Contracts
I. INTRODUCTIONIn companion decisions issued nearly half a century ago, United Gas Pipe Line Co. v. Mobile Gas Services Corp.1 and FPC v. Sierra Pacific Power Co.,2 the Supreme Court considered the authority of the Federal Power Commission (FPC), predecessor...
Editor's Page
"All great things are simple, and many can be expressed in single words: freedom, justice, honor, duty, mercy, hope."- Sir Winston ChurchillThe articles in Book 26:2 of the Energy Law Journal touch on all of the tenets of which Sir Winston Churchill...
Energy and the Environment: The Future of Natural Gas in America
INTRODUCTIONNatural gas has been regarded as the ideal fossil fuel for multiple uses-from electricity generation to manufacturing, in part because of its efficiency, in part because of its relative cleanliness, and in part because of its relatively low...
In Re American Rivers and Idaho Rivers United
I. INTRODUCTIONThe Federal Energy Regulatory Commission (FERC) will not be allowed to fail in exercising its duty of timely response to petitions. In In re American Rivers and Idaho Rivers United, the United States Court of Appeals for the District of...
Reconciling Market-Based Rates with the Just and Reasonable Standard
"It is not as speedy or as simple a process to interpret a statute out of existence as to repeal it, but with time and patient skill it can often be done."1I. INTRODUCTIONThe legal and economic fallout from the 2000-2001 western electricity crisis continues...
Report of the Antitrust Committee
This report summarizes antitrust developments of particular interest to energy law practitioners that occurred in the year 2004. The topics are covered in the following order:I. Federal Trade Commission (FTC) Enforcement Actions and ReportsII. Major...
Securities Litigation in the Utility Sector
I. INTRODUCTIONFederal and state laws provide owners of securities issued by public corporations the right to file suit against perceived wrongdoing. In recent years, utilities have seen an increase in the number of actions filed against management and...
Tapping the Power of Wind: Ferc Initiatives to Facilitate Transmission of Wind Power
So getting the [wind] plants built, getting the generation built is a very big step, but it's not the ultimate step. The ultimate step is getting that renewable power to the customer. . . . Barriers to entry for the wind energy have been and continue...
The Subdelegation Doctrine and the Application of Reference Prices in Mitigating Market Power
I. INTRODUCTIONThe Federal Energy Regulatory Commission (Commission or FERC) has an exclusive statutory duty to ensure just and reasonable power rates.1 The Commission relies on competition to ensure just and reasonable rates in bidbased organized markets...
Whither Order No. 888?
INTRODUCTIONIn 1996 the Federal Energy Regulatory Commission (FERC) adopted a landmark rulemaking, Order No. 888, to eradicate undue discrimination in the provision of electric transmission service. Order No. 888 required vertically integrated utilities...
WILLIAMS GAS PROCESSING-GULF COAST COMPANY, L.P. V. FERC: REMEDIES FOR PRODUCERS IN THE ABSENCE OF FERC REGULATION
I. INTRODUCTIONWilliams Gas Processing Company (WGP), a wholly-owned subsidiary of The Williams Companies, petitioned for review of orders entered by the Federal Energy Regulatory Commission (FERC) claiming jurisdiction under the Natural Gas Act (NGA),...